A Blog of Members of the Administrative Law and Regulatory Practice Section of the American Bar Association

Monday, February 25, 2013

Agency Spotlight: USDA Proposes Changes to SNAP

by Lynn White

On February 22, 2013, the U.S. Department of Agriculture (USDA) published a notice of proposed rulemaking (NPRM) proposing changes to the Supplemental Nutrition Assistance Program (SNAP). The proposed rule would authorize USDA to quickly suspend payments to businesses that "flagrantly" misuse the program. Under existing regulations, businesses are able to remain active retailers in SNAP even if they are being investigated for trafficking benefits. The proposed changes would allow USDA to suspend payments to those retailers and prevent further abuse. USDA is especially interested in comments from state agencies regarding the costs and timelines to implement the changes and any alternative process for suspending funds to retailers. The proposed rule would also clarify the timeframe for responding to allegations of trafficking and strengthen other program requirements. The proposals are part of the Administration's Campaign to Cut Waste in government programs.